Did you think the whole gay marriage thing was a done-deal thing of the past after the Supreme Court laid down its golden gavel on the subject?
Well, it isn’t.
In fact, in Alabama, this topic is about to be fired back up and the flames are sure to be hot.
From Times Daily:
The chief justice of the Alabama Supreme Court today issued an administrative order prohibiting probate courts from issuing marriage licenses to same-sex couples.
Chief Justice Roy Moore’s order found that a June ruling by the U.S. Supreme Court that struck down laws banning same-sex marriage in Michigan, Kentucky, Ohio and Tennessee did not necessarily affect Alabama’s similar laws.
Moore wrote that he was issuing an administrative order because of confusion caused by the U.S. Supreme Court case of Obergefell vs. Hodges.
“Many probate judges are issuing marriage licenses to same-sex couples in accordance with Obergefell; others are issuing marriage licenses only to couples of the opposite gender or have ceased issuing all marriage licenses,” Moore wrote.
Moore wrote that a pending case in the state Supreme Court must be decided before it was clear whether the reasoning of the U.S. Supreme Court would be adopted in Alabama.
“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” Moore wrote.
And once again, marriage is an issue for the states to decide, not a mandate by the federal government.
The Supreme Court violated the separation of powers with their ruling and also trampled on the Tenth Amendment which guarantees states the right to decide issues where power is not explicitly granted to the federal government in the Constitution.